| Minchin Kelly | 0 Comments | Financial Law

Minchin & Kelly Explains Anti-Dissipation Interdicts ⚖️

Did you know that there is a legal tool that can prevent individuals from hiding assets while a claim is being pursued?

An anti-dissipation interdict (also known as a Mavera injunction) allows applicants to freeze assets belonging to the respondent, without the need to prove ownership. This crucial remedy is particularly useful when there’s evidence  of attempted asset concealment to thwart a legitimate claim.

This powerful remedy is pertinent when you have a valid claim against someone who might be trying to hide their wealth to avoid paying what they owe.

M&K’s Financial Recoveries Department, led by Partner Nyaradzo Mupfuti, has extensive experience in securing these interdicts to protect your interests.

Further inquiries? The M&K Financial Recoveries team is here to help. Contact us today to discuss your specific situation.

| Minchin Kelly | 0 Comments | Banking Law, Commercial Law, Family Law, Financial Law, Legal Advice, Legal Updates

Stanbic Bank Botswana Legal Awareness Day

Minchin and Kelly (Botswana) participated in Stanbic Bank Botswana’s legal awareness day held on 1 September 2023. The team was led by Mr. Terence Dambe, the managing partner of Minchin and Kelly (Botswana), and he was accompanied by Gape Khuwa, Victor Chilembwe and Razeena Moorad. Amongst other things, the team presented and offered legal advice on property law to Stanbic Bank Botswana’s staff and the general public.

Stanbic Bank Botswana’s legal awareness was a wonderful opportunity for Minchin and Kelly (Botswana) to collaborate with its stakeholders and the community at large.

| Minchin Kelly | 0 Comments | Banking Law, Financial Law, Legal Advice, Legal Issues

Announcement of new M&K partners

The Partners of Minchin & Kelly (Botswana) are pleased to announce the appointment of Tatenda Dumba and Nyaradzo Mupfuti as partners of the firm, effective from the 1st May 2019.

Tatenda was previously a Senior Associate in the Corporate & Commercial Division. She has over nine years’ experience as a corporate commercial attorney. She specialises in debt and equity finance, capital markets, project and syndicated loan transactions, mergers and acquisitions, hedging transactions, mining and general corporate commercial transactions.

Tatenda holds a Bachelor of Laws degree (LLB) from Rhodes University and a Master of Laws degree (LLM) from the University of Cape Town.

 

Nyaradzo was previously a Senior Associate and Manager in the Financial Recoveries Division, where she focuses primarily on debt collection for banks, insurance companies and other clients. She is a certified  trainer in the Trial Advocacy Course administered by the Law Society of Botswana, and facilitated in conjunction with the National Institute of Trial Advocacy (USA) and Justice Advocacy Africa.

Nyaradzo holds a Bachelor of Laws degree (LLB) from the University of Zimbabwe.

 

We congratulate Tatenda and Nyaradzo on their respective appointments and wish them all the best in their new roles.

For further information please contact partners@minchinkelly.bw

| Minchin Kelly | 0 Comments | Financial Law

Garnishee Proceedings

Upon obtaining final judgment sounding in money, there is no guarantee that the money owed will be repaid. Winning does not signal the end of the judicial process. Garnishee proceedings, amongst other court processes may be instituted against a judgement debtor who despite numerous requests refuses to satisfy the judgement debt.

The Judgement creditor may approach court for a garnishee order. The Black Law Dictionary (Eighth Edition), simply defined Garnishee Proceedings or garnishment as a “judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party”. Read more “Garnishee Proceedings”

| Minchin Kelly | 0 Comments | Commercial Law, Financial Law

Major changes to note with the New BSE Rules

Recently Tatenda Dumba, a senior associate in our Corporate & Commercial Division attended the Botswana Stock Exchange Limited Listing Requirement Refresher Workshop which was held at the BSE offices on the 18th of October 2018. The Refresher Workshop was to highlight the proposed New Listing Requirements that are anticipated to come into effect in January 2019. Read more “Major changes to note with the New BSE Rules”

| Minchin Kelly | 0 Comments | Banking Law, Bankruptcy Law, Financial Law

AOD – An unequivocal admission of liability

An Acknowledgment of Debt according to Blacks Law Dictionary, 8th Edition is a written document stating the recognition by a debtor of the existence of a debt commonly referred to as an “AOD”.

The said acknowledgment is an “agreement” which embodies an arrangement or understanding between or among two or more parties which purports to establish a legally binding relationship in law.

Read more “AOD – An unequivocal admission of liability”